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FTC Focus On Pay-For-Delay Deals Continues; Endo Agrees To 10-Year Abstention

 
• By Brenda Sandburg

In addition to settling with Endo, FTC refiles charges against Watson (now Teva), Allergan and Impax involving Lidoderm and Opana ER patent litigation settlements.

United States Federal Trade Commission building in Washington, DC

As the Trump Administration began its first week, the Federal Trade Commission (FTC) announced a settlement with Endo Pharmaceuticals Inc. and refiled charges against three other firms alleging they illegally blocked generic versions of Endo’s Opana ER (oxymorphone) and Lidoderm (lidocaine).

The FTC had filed a complaint against Endo, Watson Laboratories Inc. and Impax Laboratories Inc. in March 2016 over their so-called pay-for-delay settlements of Opana ER and Lidoderm patent litigation. The complaint alleged that Endo paid Impax and Watson, the first generic filers, to prevent additional generic competition. It was the FTC’s first case challenging agreements in which the brand-name company promises not to market an authorized generic

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